July 06, 2022 | Publications


Medical Malpractice Attorneys Representing New York and New Jersey Victims of Surgical Malpractice

Surgical malpractice is when a patient is harmed by the negligence of a surgeon, anesthesiologist, surgical nurse, or other medical staff involved in a surgical procedure. It occurs when a medical professional deviates from the standard of care in the medical community.

Surgical Malpractice

The doctor and surgical staff must do everything they can to avoid potential errors. The most common kinds of surgical malpractice cases involve:

  • Bariatric Surgery
  • Breast Augmentation Surgery
  • Colon & Rectal Surgery
  • Endocrine Surgery
  • Heart Surgery
  • Hernia Surgery
  • Laparoscopic Surgery
  • Liposuction Surgery
  • Lung Surgery
  • Neurosurgery
  • Varicose vein Surgery
  • Abdominoplasty Surgery
  • Hysterectomy Surgery
  • Coronary Artery Stents Surgery

Medical Malpractice occurs when a doctor and/or surgical staff performs surgery on the wrong part of the body, the wrong organ may be worked upon, the wrong part of the body may be amputated, the doctor fails to establish a clear line of communication between all members of the surgical team, surgical tools are left inside the patient’s body, an organ is punctured during surgery, operating on wrong patient, or the doctor may not have the experience or knowledge needed to perform or complete the surgery, among other critical errors.

Common Surgical Malpractice

  • Leaving a sponge or other instrument or object inside a patient,
  • Unnecessary surgery,
  • Use of unsanitary instruments,
  • Premature discharge of patient after surgery,
  • Unnecessary delays in surgery,
  • Performing surgery without a plan or regard to patient history,
  • Failing to perform checkups after surgery, or
  • Damage done to body parts unrelated to surgery.
  • Lack of informed consent

Res Ipsa

Res ipsa loquitur is a Latin phrase that means “the thing speaks for itself.” That because the facts are so obvious, a party need not explain any more. Under this model for res ipsa, there are three requirements that the plaintiff must meet before a jury can infer that the defendant’s negligence caused the harm in question:

  • The event does not normally occur unless someone has acted – negligently;
  • Only one defendant was in exclusive control of the instrumentality that caused the injury; and
  • Plaintiff was not at fault—there was no comparative negligence on the part of the victim.

How Can a New York and New Jersey Surgical Medical Malpractice Attorney Help?

Surgical malpractice can lead to devastating injuries, which result in permanent disabilities and death every year. When a surgeon acts recklessly during an operation, it is the patient who suffers the consequences. At Karasik Law Group, our attorneys are experienced surgical malpractice attorneys. If you or a loved one have suffered from a complication of a surgical procedure, Karasik Law Group will fight for your family’s right to compensation for every dollar you are entitled to under the law. Call us to today at (718) 502-9112 to schedule a free consultation. And be sure to visit our website at www.karasiklawyers.com. At Karasik Law Group, winning matters. Win with us! We speak for the injured; our results speak for themselves.